The present invention relates generally to computer-implemented trademark systems and computer-assisted trademark brokerage business methods.
As the degree of interest and value of trademarks increase, and the number of trademark applications and registrations grow, the needs of individual trademark purchasers and trademark owners naturally change.
Advertising and marketing agencies as well as industrial companies and individuals all want instant results and find the process of searching, clearing, prosecuting, and registering a mark to be highly frustrating, expensive, and full of uncertainty. Attorneys frequently have great difficulty in clearing marks or finding marks that are available for use and registration for their client. Expansive use or financial investment in a mark before it has registered is generally not preferred. Similarly, individuals find the searching and registration process to be a quagmire which more often than not, translates into individuals never acquiring a trademark registration. Today's trademark seekers voice a constant need to change not only the lengthy clearance and prosecution process, they typically detest the year or two wait before ascertaining whether a mark will ultimately register.
On the opposite end of the spectrum, are those trademark owners with a portfolio of marks that are no longer of interest or being used. For example, most marks that were once “hot” or popular eventually diminish in appeal and value (unless it is a really “big” mark) and die a natural trademark death by failure to maintain or renew the registration. This group has difficulty in readily finding willing buyers for their trademarks.
The present invention addresses the aforementioned disadvantages as well as other disadvantages through a computer-assisted trademark brokerage system and method. The computer-implemented system and method of the present invention facilitate the brokering of trademarks between trademark owners and potential trademark buyers. The system stores trademarks of potential sellers and obtains identification descriptions associated with each of the trademarks. A trademark brokerage database is then populated with these trademarks and with the descriptions. The trademarks in the trademark brokerage database are made available through a network for acquisition by potential buyers. The system provides access to the trademark brokerage database through suitable browser interfaces, allowing potential trademark buyers to enter queries related to the trademark subject matter that interests them. The database is configured so that trademarks are associated with information reflective of the registered subject matter (e.g., description of goods and services and/or international trademark classification). This allows the potential buyer to identify offered marks that fit the potential buyer's trademark needs. The system generates query results based on the user's query and presents those results to the potential buyers via the browser interface.
In one embodiment, potential buyers may acquire a trademark on-line by interaction with the trademark brokerage system. In another embodiment, a broker acts as an intermediary, putting buyer and seller in contact with one another using information stored in the database regarding identity of trademark owner (seller) and buyer. The database may include a field reflective of asking price and bid price for some or all of the trademarks stored in the system.
The present invention focuses upon the unique and distinguishable attributes of trademarks in order to build and operate the novel trademark brokerage system. For example, but not limited to, trademarks are unique and distinguishable in that not all trademarks can be utilized by all people for all or most situations. Trademarks are integrally entwined with how and when they are used which substantially complicates the acquisition of trademarks as well as the ascertainment of their value. This coupling of trademarks with their usage distinguishes them from other property and is incorporated along with other aspects of trademark acquisition in the novel trademark brokerage system.
For a more complete understanding of the invention, its objects and advantages, reference should be made to the following specification and to the accompanying drawings.